Chapter 12.5 HOUSING*
ARTICLE II. LIVABILITY CODE FOR RESIDENTIAL RENTAL DWELLINGS*
Sec 12.5-14. Code enforcement.
(a) [Generally.] It shall be the duty and responsibility of the
code official to enforce the provisions of this code within the city
limits.
(b) Waivers.
(1) The code official and the director may
waive applicability of this code, in whole or part, to a unit of rental housing
on application of the property owner if:
a. Adequate notice in a form and
manner specified by the city is afforded a tenant of the unit;
b. The tenant
is afforded an opportunity to comment on the application either in writing or in
person;
c. The waiver would not threaten the health or safety of a
tenant;
d. If strict compliance with the provisions of this code shall cause
an undue hardship due to conflicting regulations of federal, state, or local
agencies;
e. The exterior of buildings located in the Historic District
shall be exempt from the provisions of this code which conflict with the
requirements of the historic district commission.
(2) The code official and
the director may waive applicability of this code if the waiver is granted on
the basis of the religious practices of the occupant of the unit of rental
housing.
(3) The code official and the director may waive applicability of
this code if the application would be inequitable or contrary to the purposes of
the Act.
(c) Displacement. A person may not be displaced by the
enforcement of the minimum livability code unless alternate housing of
comparable affordability is available within a reasonable distance of the
vacated premises.
(d) [Conflict with state law.] Enforcement and
waiver application are not intended to supersede any state laws pursuant to the
Annotated Code of Maryland as follows:
(1) State fire laws, Article
38A;
(2) State elevator laws, Article 89; and
(3) State boiler laws,
Article 48. (Ord. No. G-88-21, § .04, 12-8-88)
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